Law Commons^™

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Reactionary Rule 10b-5 Jurisprudence Which Protects Fraud At The Expense Of Investors, Charles W. Murdock

Charles W. Murdock

Summary: Janus Capital Group, Inc. v. First Derivative Traders: The Culmination of the Supreme Court’s Reactionary Rule 10b-5 Jurisprudence Which Protects Fraud at the Expense of Investors

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The …

Walking The Regulatory Tightrope: Balancing Bullies' Free Speech Rights Against The Rights Of Victims To Be Let Alone When Regulating Off Campus K-12 Student Cyber-Speech, Lisa Smith-Butler

Lisa Smith-Butler

Bullying, particularly cyber-bullying, is now a high profile media topic. How are public schools managing to balance the rights of students to free speech with the rights of students to be let alone in a bully-free school? The article examines students' off campus free speech rights as interpreted by courts under the standards articulated by the United States Supreme Court in Tinker, Fraser, Hazelwood and Morse. It reviews the conflict that then arises among the cases, the Department of Education Office of Civil Rights' harassment laws, and state legislatures' anti cyber-bullying legislation. Concluding that there is a circuit split among …

United States V. Jones: Big Brother And The “Common Good” Versus The Fourth Amendment And Your Right To Privacy, Melanie M. Reid

Melanie M. Reid

This Article traces the evolution of Fourth Amendment law and what constitutes a “search” from English property law and trespass to the reasonable expectation of privacy under United States v. Katz to the latest Supreme Court decision in United States v. Jones. The Supreme Court’s recent reliance upon historical property law in Jones impacts law enforcement’s ability to use tracking devices, especially when exigent circumstances exist. The Jones decision may also subsequently impact law enforcement’s use of other investigatory tools, such as trash pulls, stationary cameras, open fields, and undercover agent or informant non-consensual recordings. The decision in Jones brings …

Reclaiming Equality To Reframe Indigent Defense Reform, Lauren Sudeall Lucas

Lauren Sudeall Lucas

Equal access to resources is fundamental to meaningful legal representation, yet for decades, equality arguments have been ignored in litigating indigent defense reform. At a time when underfunded indigent defense systems across the country are failing to provide indigent defendants with adequate representation, the question of resources is even more critical. Traditionally, advocates seeking indigent defense reform have relied on Sixth Amendment arguments to protect the rights of indigents in this context; however, the Sixth Amendment approach suffers from a number of shortcomings that have made it a poor tool for systemic reform, including its exclusive focus on attorney performance …

The Evolution Of The Supreme Court’S Rule 10b-5 Jurisprudence:, Charles W. Murdock

Charles W. Murdock

Summary: The Evolution of the Supreme Court’s Rule 10b-5 Jurisprudence:

Protecting Fraud at the Expense of Investors

This article traces the evolution of Supreme Court jurisprudence over the past forty years through the prism of Rule 10b-5. It uses four “trilogies” to develop this evolution. At the start of the 1970s, the liberal trend characterized by the Warren Court still prevailed. An implied private cause of action was still in favor and litigators were viewed as private attorneys general, enforcing the securities laws to further the policy of protecting investors.

The expansion of Rule 10b-5 was slowed and more judicial …

Tocqueville And The American Amalgam, Andrew C. Spiropoulos

Andrew C. Spiropoulos

Any serious attempt to understand the original meaning of the Constitution requires an inquiry into what was, if any, the dominant political theory that guided the founding of the American regime. Recent decades have witnessed a lively scholarly debate between the partisans of the liberal interpretation of the Founding, which posits that liberal political theory is the intellectual foundation of our regime, and those of classical republicanism. The classical republicans argue that the influence of liberal theory on the Founding has been exaggerated, and that the Founders cared more about securing the authority to govern their communities in the name …

Agencies In Crisis?: An Examination Of State And Federal Agency Emergency Powers, Babette Boliek

Babette Boliek

That state and federal agencies have emergency powers, is well known. Much less is known about the process and circumstances under which these powers are exercised—subjects that divide scholars into two theoretical camps. Scholars on one side assert that ample agency discretion in time of need is not only desirable, but it is laudable in the pursuit of efficiency and “deossification” of regulatory action. Scholars on the other side contend that emergency powers are so broadly granted, and representative procedure is so easily abandoned, that the inevitable result is agency unaccountability and aggrandizement. In response, this article presents new empirical …

"A Necessary Cost Of Freedom"? The Incoherence Of Sorrell V. Ims, Tamara R. Piety

Tamara R. Piety

No abstract provided.

Suspicionless Searches Of Public School Students: An Empirical Legal Analysis, Jason P. Nance

Jason P. Nance

This Article presents an original empirical legal analysis of recent data from the U.S. Department of Education’s School Survey on Crime and Safety. The results of the analysis suggest that many public schools are violating students’ civil rights by conducting suspicionless, intrusive searches without valid justifications, such as having particularized evidence of a drug or weapons problem. Furthermore, the data indicate that many school officials may be using illegitimate criteria – most notably race – to determine whether to conduct those searches. For example, in schools that did not report any student violations relating to weapons, alcohol or drugs during …

A Constitutional Theory Of Habeas Power, Lee B. Kovarsky

Lee Kovarsky

Modern habeas corpus law generally favors an idiom of individual rights, but the Great Writ’s central feature is judicial power. Throughout the seventeenth-century English Civil Wars, the Glorious Revolution, and the war in the American colonies, the habeas writ was a means by which judges consolidated authority over the question of what counted as “lawful” custody. Of course, the American Framers did not simply copy the English writ—they embedded it in a Constitutional system of separated powers and dual sovereignty. “A Constitutional Theory of Habeas Power” is an inquiry into the newly-minted principle that the federal Constitution guarantees some quantum …

Suspicionless Searches Of Public School Students: An Empirical Legal Analysis, Jason P. Nance

Jason P. Nance

This Article presents an original empirical legal analysis of recent data from the U.S. Department of Education’s School Survey on Crime and Safety. The results of the analysis suggest that many public schools are violating students’ civil rights by conducting suspicionless, intrusive searches without valid justifications, such as having particularized evidence of a drug or weapons problem. Furthermore, the data indicate that many school officials may be using illegitimate criteria – most notably race – to determine whether to conduct those searches. For example, in schools that did not report any student violations relating to weapons, alcohol or drugs during …

Suspicionless Searches Of Public School Students: An Empirical Legal Analysis, Jason P. Nance

Jason P. Nance

This Article presents an original empirical legal analysis of recent data from the U.S. Department of Education’s School Survey on Crime and Safety. The results of the analysis suggest that many public schools are violating students’ civil rights by conducting suspicionless, intrusive searches without valid justifications, such as having particularized evidence of a drug or weapons problem. Furthermore, the data indicate that many school officials may be using illegitimate criteria – most notably race – to determine whether to conduct those searches. For example, in schools that did not report any student violations relating to weapons, alcohol or drugs during …

Migration And Immigrants In International Declarations And United States Law, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Paths To Citizenship, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

To Bind Up The Nation's Wounds: Rekindling The Spirit Of Our Living Constitution, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Porous Borders And Creative Federalism: Is Arizona Rushing The United States Toward Immigration Reform?, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Immigration Reform, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

The Profane And The Sacred In A Secularized Culture: A Comparative Analysis Of Cohen V. California And Lee V. Wiseman, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Religious Symbolism And Secular Purpose, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Responses To Those In Our Midst: A Debate On Illegal Immigration, Michael Scaperlanda, William Chip

Michael A. Scaperlanda

No abstract provided.

Aliens Among Us: A Catholic Response, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

The Human Face Of Immigration, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

State Immigration Laws And The Question Of Religious Freedom, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Immigration Reform, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Justice And Mercy: Catholic Legal Theory And The Immigration Question, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Seeing The Face Of Christ In The Immigrant, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Lincoln's Second Inaugural Address: Framing The Dialogue Between Secularists And Theists In The United States Today, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Immigration Reform And The Family Structure, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Reflections On Immigration Reform, The Workplace, And The Family, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Undocumented Immigrants: Law Breakers Or Hard Working Contributors To The U.S. Economy (Panelist), Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.